ACKNOWLEDGEMENT OF RECEIPT OF THE STUDENT CODE OF CONDUCT Gary Community School Corporation STUDENT CODE OF CONDUCT
STUDENT AGREEMENT I,____________________________________(printed student’s name) have received and read the Student Code of Conduct (“SCC”) for the Gary Community School Corporation. I am aware of my rights and responsibilities under the SCC. Furthermore, I understand that inappropriate student behavior will result in interventions and consequences as stated under the SCC.
Student Signature: __________________________________
Date: ____________________
PARENT/GUARDIAN AGREEMENT Dear Parent or Guardian: The Gary Community School Corporation believes that you should be informed regarding our effort to create and maintain a safe and secure learning environment for all students. Please read the SCC and sign the document below to acknowledge your receipt and understanding of the SCC. I am the parent or guardian of the above named students. I have received and read the SCC. I understand that by signing this document, I agree to support and promote the goals of the SCC and make every effort to work with the school in resolving all disciplinary matters.
Parent/Guardian Signature: __________________________________ Date: _______________
GARY COMMUNITY SCHOOL CORPORATION
Employee Signature: _______________________________________ Date: _______________
INTRODUCTION PURPOSE The Gary Community School Corporation (GCSC) Student Code of Conduct (SCC) support our schools in maintaining safe, nurturing, participatory and productive learning environments in order to maximize learning time and promote positive behaviors, every school must establish multi-tiered systems of support for students. Every school must establish multi-tiered systems of support for students’ social, emotional and behavioral needs. This includes developing clear expectations, teaching social-emotional competencies, and fostering positive relationships among all members of the school community. GCSC is committed to an instructive, corrective, and restorative approach to behavior. If behavior incidents arise that threaten students and staff safety or severely disrupt the educational process, the response should minimize the impact of the incident, repair harm, and address the underlying needs behind student behaviors. In accordance with the SCC, all disciplinary responses must be applied respectfully, fairly, consistently, and protect students’ rights to instructional time whenever possible. A safe, welcoming, and productive school requires the support of all staff, students, and families.
RIGHTS AND RESPONSIBILITIES Student Rights Ø Ø Ø Ø Ø Ø Ø Ø
To receive a free high-quality public education To be safe at school To be treated fairly, courteously, and respectfully To bring complaints or concerns to the school, principal or staff for resolution To tell his/her side of the story before receiving a consequence To be told the reason(s) for any disciplinary action verbally and in writing To be given information about appealing disciplinary actions To express opinions, support causes, assemble to discuss issues, and engage in peaceful and responsible demonstrations.
Student Responsibilities Ø To read and become familiar with this policy Ø To attend school daily, prepare for class, and complete class and homework assignments to the best of his/her ability Ø To know and follow school rules and instructions given by the school, principal, teachers, and other staff
Ø To tell school staff about any dangerous behavior or bullying that occurs at school, on the way to and from school, or in the school community. Ø To bring to school only those materials that are allowed Ø To treat everyone in the school community with respect Ø To respect school property, community property, and the property of others
Parent/Guardian Rights Ø To be actively involved in their child’s education Ø To be treated fairly and respectfully by the school principal, teachers, and other staff Ø To be notified promptly if their child is disciplined for inappropriate or disruptive behavior and informed of the consequences assigned Ø To appeal disciplinary actions taken Ø To receive information about their child’s academic and behavioral progress
Parent/Guardian Responsibilities Ø To read and become familiar with this policy Ø To make sure their child attends school regularly, on time, and to notify the school before the school day begins if their child is absent Ø To give the school accurate and current contact information Ø To tell school officials about any concerns or complaints respectfully and in a timely manner Ø To work with the school principal, teachers, and other staff to address any academic or behavioral concerns regarding their child Ø To talk with their child about the behavior expected in school Ø To support their child’s learning and school activities at home Ø To be respectful and courteous to staff, other parents, guardians, and students Ø To respect other students’ privacy rights
School Staff Rights Ø Ø Ø Ø
To To To To
work in a safe and orderly environment be treated courteously and respectfully bring complaints or concerns to School Administration and District offices receive supportive professional development and resources
School Staff Responsibilities Ø To explicitly teach, re-teach and model clear behavioral expectations to all students Ø To actively supervise all areas of the school building and use positive strategies to redirect behavior Ø To provide engaging learning activities that minimize opportunities for disruption Ø To intervene early and de-escalate inappropriate behaviors
Ø To identify and respond effectively to students’ social, emotional, and/or behavioral health needs, including referring students for additional support when necessary Ø To treat everyone in the school community fairly and with respect. Ø For administrators to review the circumstances surrounding each situation and exercise their discretion to assign interventions/consequences in the best interest of the school community. Ø For administrators to apply the SCC accurately, consistently, and in nondiscriminatory manner; including providing students with opportunities to respond, notifying parent/guardians when disciplinary action is taken. Record all disciplinary action with student management system. Executive Director of Special Education and Student Services Ø To monitor the implementation of prevention strategies and the safety and security program in each school Ø To systematically monitor and publish suspensions, expulsions, and other disciplinary data disaggregated by race/ethnicity, sex, limited English proficiency, and disability Ø To prepare recommendations for improving school discipline Ø To create guidelines for effective school discipline Ø To establish procedures for reciprocal reporting with the Gary Police Department
REQUIREMENTS AND GUIDELINES GENERAL REQUIREMENTS The SCC applies to students at all times during the school day, while on school property, while traveling to and from school, at any school-related event, on any vehicle funded by GCSC (such as a school bus), and while using the GCSC. The SCC also applies to student behavior outside of the school if; (1) student engaged in a Group 5 or 6 behavior, and (2) the behavior disrupts or may disrupt the educational process or orderly operation of the school. This includes seriously inappropriate behavior on social networking websites that disrupts or may disrupt the educational process or orderly operation of the school. To address inappropriate behavior, school administrators must comply with the Guidelines for Effective Discipline which shall be issued by the Office of Special Education and Student Services. At a minimum, a principal or his/her designee must: 1. Redirect to correct behavior. All adults should redirect students to correct inappropriate behavior and minimize the likelihood of the behavior escalating or recurring.
2. Intervene to minimize disruption, resolve conflict, and as necessary to keep students and staff safe. If a student has been injured, make every reasonable effort to immediately notify the parents/guardians. 3. Gather Information by talking to all students, teachers, school staff, or other witnesses to the incident. When student misbehavior is reported to the school principal or designee, an investigation must begin no later than the next school day. If a search of the student, his/her locker, desk, or personal belongings needs to be conducted (follow the Board’s Interrogations and Searches #322). Identify factors that may have contributed to the incident and seek to understand the full context. 4. Analyze whether the student’s alleged behavior falls within the SCC using the information gathered. If so, determine the Group level of disruption caused by the inappropriate behavior listed, and consider the range of possible interventions and consequences. 5. Discuss with the student and provide the opportunity to explain his/her actions. a. Inform the student of the inappropriate behavior she/he may have exhibited, the application SCC behavior category, and the range of possible interventions and consequences. b. Allow the student to respond and explain his/her actions. c. Make reasonable efforts to contact the parents/guardians and discuss the incident with them before assigning interventions and consequences. d. No student shall be sent home before the end of the school day unless the school has established contact with the student’s parent/guardian and provided written notice of suspension.
6 6.
Make a determination and assign interventions or consequences according to the SCC. a. Determine whether it is more likely than not that the student engaged in the identified SCC inappropriate behavior and the intervention or consequence most likely to address the cause of the behavior. b. The principal or designee has the final authority to assign interventions and consequences based on his/her independent assessment of the best interest of the school community, including available school resources, the needs of any students or staff harmed, and the rights of the student engaged in inappropriate behavior, in alignment with the SCC.
c. Follow the special procedures contained in the Procedural Safeguards section for students with disabilities and students with Section 504 Plans. d. Avoid consequences that will remove the student from class or school, if possible. Use out-of-school suspensions as a last resort and only when in-school interventions and consequences are insufficient to address the student’s inappropriate behavior. e.
If a students is suspended, the principal or his/her designee may choose to give the student a combination of out-of-school and skill-building in-school suspension days. The out-of-school suspension must be served first and the combined total of out-of-school and in-school suspensions days must not exceed the limits available for each Group level.
f.
School staff members must not use public disciplinary techniques and must respond to inappropriate student behavior as confidentially as possible.
g.
No restrictions may be placed on food options or recess activities as a behavior consequences. Silent group lunches are expressly prohibited.
67.
Complete report in student management system for all in appropriate behaviors under the SCC. Hand-deliver to the parents/guardians or mail a copy of the misconduct report to the student’s home address.
8.
Inform parents/guardian of their right to appeal if they believe that the consequences is unwarranted or excessive. a. b.
c.
The parents/guardians have the right to ask the principal to review the consequences assigned and to reconsider the decision. Whether any factual errors were made in the principal’s investigation.
• Whether the documentation of the student’s behavior aligns to the recorded SCC behavior category, • Whether prior interventions were attempted when appropriate, • Whether the length of the suspension was commensurate with the student’s inappropriate behavior, and • In the case of a request for an expulsion hearing, whether the request was appropriate.
If a student has been expelled, the parents/guardians may appeal the final determination in writing and send additional evidence not available at the time of the expulsion hearing to the Executive Director of Special Education and Student Services. The decision of the Superintendent or designee regarding the appeal shall be final. The start of a student’s expulsion is not delayed by the parents/guardians appeal.
9. Restore the student’s participation in the school community. a.
If the student received an out-of-school suspension for three (3) or more day. The principal or designee must develop a plan to support the student’s transition back into the school community, including strategies for preventing future behavior incidents, restoring relationships, and addressing the student’s ongoing
social, emotional, and academic needs, with input from the student and parents/guardians.(For more information see US Department of Education – Guidelines for Effective Discipline). b.
When a student is set to return from an expulsion and has been attending the ALOP (Alternative Learning Opportunities Program) school administrators must attend a transition meeting, which should include the student, parents/guardians, and alternative school staff members, to discuss the student’s return and prepare for a successful transition.
SUSPENSION GUIDELINES Students in grades pre-kindergarten through second may NOT be assigned in-school or out-of-school suspensions. If a student in pre-kindergarten through second grade exhibits behavior that presents an imminent endangerment to the physical, emotional, or mental safety of specific students(s)/staff, the Executive Director of Special Education and Student Services or designee may grant an exception and assign an emergency one-day in-school or out-of-school suspension after the student’s parent(s)/guardian(s) has been notified. During the suspension, the principal or designee must develop a plan addressing the safety of students/staff and including strategies for preventing future behavior incidents, restoring relationships, and addressing the student’s ongoing social, emotional, and academic needs. Skill-Building In-School Suspension A skill-building in-school suspension is the removal of a student from his/her regular educational schedule for more than 60 minutes of the school day to an alternative supervised setting inside the school building to engage in structured activities that develop academic, social, emotional, and/or behavioral skills. A students in grades third through twelfth may be assigned a skill-building in-school suspension if: 1. Skill-building in-school suspension is listed as an available consequences for the SCC behavior category, and 2. The student was informed of the his/her reported misbehavior, provided an opportunity to respond, and reasonable efforts were made to contact the parent(s)/guardian(s), and 3. A copy of the misconduct report was provided to the student(s), parent(s), and guardian(s).
Out-of-School Suspension An out-of-school suspension is the removal of the student(s) from class attendance or school attendance. When a students is removed from school in response to an inappropriate behavior, the removal counts as the first day of an out-of-school suspension. A student in grades third through twelfth may be assigned an out-of-school suspension if;
1. Out-of-school suspension is listed as an available consequences for the SCC behavior category, and 2. The principal or designee determines that the student’s attendance at school presents an imminent endangerment to the physical emotional, or mental safety of specific student(s)/staff and this threat is documented in Student Management System. 3. The principal or designee determines that the student’s behavior has caused chronic or extreme interruption to other students’ participation in school activities and prior interventions have been utilized and documented in Student Management System. 4. The student was informed of his/her reported misbehavior, provided an opportunity to respond, and reasonable efforts were made to contact the parent(s)/guardian(s), and 5. A copy of the misconduct report was provided to the student’s parent(s)/guardian(s)
A student serving out-of-school suspension is not allowed to come onto school property, participate in extracurricular activities, or attend school-sponsored events. A student may be considered trespassing if he or she comes onto school grounds while suspended out of school.
Out-of-school suspension are excused absences. The principal must ensure that a student serving suspension is able to obtain homework, and upon the student’s return, provided with the opportunity to make up any quizzes, tests, special projects, or final exams given during the period of suspension. A students serving suspension must be allowed to take state assessments at school and may participate in test preparation activities. The student’s attendance will still be marked as suspended. The Superintendent must approve any other exception to the out-of-school suspension guidelines. •
If approved by the Superintendent, a student suspended for more than three (3) days may be required to attend a Districtsponsored program during the term of suspension.
POLICE NOTIFICATION GUIDELINES School administrators contact the Gary Police Department in two situations; (1) to seek assistance with an emergency situation, or (2) to notify law enforcement of a criminal act. Emergency School administrators have the responsibility to call 9-1-1 in situations they determine to be emergencies In an emergency situation, administrators must make reasonable efforts to notify parent(s)/guardian(s) immediately after contacting CPD. Criminal Acts When a student engages in illegal activity, it may be necessary for school staff to report the act to GPD. In this situation, school officials contact GPD to report violations of the
law. School officials must not contact GPD merely to request removal of a disruptive student from the school in a non-emergency situation. In a non-emergency situation, administrators must make reasonable efforts to contact parent(s)/guardian(s) prior to contacting GPD. The inappropriate behaviors that are clear violations of criminal law are identified in the next section with an asterisk (*) before the specific inappropriate behavior. The inappropriate behaviors that may be violations of criminal law are identified in the next section with double asterisk (**) before the specific inappropriate behavior. School officials must assess the situation before determining whether or not to contact GPD to report a criminal act. School officials should consider factors including: § § § § § §
Whether the student distributed or was in possession of illegal drugs, narcotics, controlled sub stances, or “look-alikes” of such substances. If so, GPD must be notified. Whether the student was in possession of a firearm. If so, GPD must be notified. The severity of the criminal violation and the degree of harm to the school community. Whether a person was physically injured as a result of the student’s conduct, Whether the student presents an imminent danger to the health, safety, or welfare of others, and The student’s age. For a student in fifth (5th) grade or below, school staff must consult with the School Safety and Security Coordinator.
Once school staff members contact GPD the responding police officers ultimately will determine whether or not to investigate arrest, and/or take any other steps in response. School principals and staff do not have the authority to decide whether a student will be arrested. Moreover, responding police officers do not have the authority to decide whether a student will receive interventions or consequences at school. The school principal will use the SCC to determine the appropriate intervention(s) and/or consequences(s) to address a student’s behavior. Possible Violations of Criminal Law *Consider factors above prior to notifying GPD § § § § § § § § § § § § §
Gambling (3-2) Forgery (3-7) False activation of a fire alarm that does not cause a school facility to be evacuated or does not cause emergency services to be notified (4-1) Extortion (4-2) Assault (4-3) Vandalism or criminal damage to property that costs less than $500 (4-4) Battery or aiding or abetting in the commission of a battery which does not result in a physical injury (4-5) Fighting – more than two people and/or involves injury (4-6) Theft or possession of stolen property that costs less than $150 (4-7) Possession, use, sale, or distribution of fireworks (4-8) Trespassing on GCSC property (4-11) Use of intimidation, credible threats of violence, coercion, or persistent severe bullying (5-4) Inappropriate sexual conduct (5-7)
§
Second or repeated violation of Behavior 4-14, use or possession of alcohol in school or at a school related function or before school or before a school related function (5-18)
Violations of Criminal Law *Consider factors above prior to notifying GPD § § § § § § § § § §
§ §
§ §
§ § § § §
§ § § § § §
Knowingly or intentionally using GCSC network or information technology devices to spread viruses to the GCSC network (4-12) Aggravated assault (5-1) Burglary (5-2) Theft or possession of stolen property that cost more than $150 (5-3) Gang activity or overt displays of gang affiliation (5-6) Engaging in any other illegal behavior which interferes with the school’s educational process, including attempt (5-8) Persistent or severe acts of sexual harassment (5-9) False activation of a fire alarm which causes a school facility to be evacuated or causes emergency services to be notified (5-10) Battery, or aiding or abetting in the commission of a battery, which results in a physical injury (5-12) Use of any computer, including social networking websites, or use of any information technology device to threaten, stalk, harass, bully or otherwise intimidate others, or hacking into the GCSC network to access student records or other unauthorized information, and/or to otherwise circumvent the information security systems (5-14) Vandalism or criminal damage to property that costs more than $500 or that is done to personal property belonging to any school personnel (5-15) Use or possession of illegal drugs, narcotics, controlled substances, “look-alikes” of such substances, or contraband, or use of any other substance for the purpose of intoxication in school or at a school related function or before school or before a school related function (5-17) Participating in a mob action (5-19) Use, possession, and/or concealment of a firearm/destructive device or other weapon or “look-alikes” of weapons, or use or intent to use any other object to inflict bodily harm (6-1) Intentionally causing or attempting to cause all or a portion of the GCSC network to become inoperable (6-2) Arson (6-3) Bomb threat (6-4) Robbery (6-5) Sale, distribution, or intent to sell or distribute alcohol, illegal drugs, narcotics, controlled substances, “look-alikes” or such substances, contraband, or any other substance used for the purpose of intoxication, or second or repeated violation of Behavior 5-17 (6-6) Sex acts which include the use of force (6-7) Aggravated battery, or aiding and abetting in the commission of an aggravated battery (6-8) Murder (6-9) Attempted murder (6-10) Kidnapping (6-11) Theft or possession of stolen property that costs more than $1000 (6-12)
STUDENT BEHAVIORS COVERED BY THE SCC This section identifies the specific inappropriate behaviors for which students will receive interventions and/or consequences. The behaviors are listed in six different group, according to the degree of disruption to the learning environment. ü ü ü ü ü ü
GROUP GROUP GROUP GROUP GROUP GROUP
1 2 3 4 5 6
lists behaviors that are inappropriate. lists behaviors that disruptive. lists behaviors that seriously disruptive. lists behaviors that very seriously disruptive. lists behaviors that most seriously disruptive. list behaviors that are illegal and most seriously disruptive.
SPECIAL NOTES: Individual School Rules and Academic Progress Individual schools may develop school rules that are consistent with the SCC and may address inappropriate student behaviors not specifically included in this SCC. However, poor academic achievement is not an inappropriate behavior. The SCC and school rules may not be used to discipline students for poor academic progress or failure to complete in-class and homework assignments. Instead, struggling students should be considered for academic or behavioral interventions to help them improve. Also, students must not be disciplined for the parents/guardians refusal to consent to the administration of medication. Cellular Phones and Other Information Technology Devices A principal may allow students to possess cellular phones or other information technology devices by creating a school policy identifying when the items may be authorized, used, and how they must be kept. A principal may also prohibit cellular phones and other information technology devices but allow individual students to possess them for any good cause after considering a written request from a parent(s)/guardian(s). If a principal denies a parent(s)/guardian(s) request, the parent(s) may appeal to the Superintendent or his/her designee. Unless approved by the principal, cellular phone and other information technology devices are not allowed at school. School Dress Codes and Uniform Policies Dress codes and uniform policies should be gender-neutral. Students who fail to follow a school’s dress code or uniform policy may be given detentions or excluded from extracurricular activities, but may not be barred from attending class. A student may receive additional consequences for violating a school’s dress code or uniform policy if the student’s dress disrupts or may disrupt the educational process. For example, a
student may receive a consequences for wearing clothing or accessories that display gang affiliation. This does not apply to students enrolled in JROTC Programs. Military and JROTC Programs Board-designated JROTC programs may enforce standards of conduct and intervention or consequences that are consistent with the military nature of those schools and programs, in addition to the standards of conduct and intervention or consequences described in the SCC. Students enrolled in JROTC who repeatedly engage in acts of gross misconduct or insubordination (student act that defies a lawful and appropriate direct order of a superior ranked officer, staff member or another student), or who repeatedly fail or refuse to wear the required military uniform, may be subject to dismissal from the program. Prior to dismissal, a conference must be held with the parent(s)/guardian(s), student, JROTC Commander, and a designee of the Superintendent expelled from the GCSC lose all rank and privileges at the JROTC and must reapply to the JROTC program enrollment. Dating Violence Statement Any school employee who is notified by a parent(s), guardian(s), or student, or who reasonably suspects, that a student has been the victim of dating violence shall immediately report that information to the principal/designee. Dating violence includes violent and controlling behavior that an individual uses against a girlfriend or boyfriend, such as physical, emotional, or sexual abuse, yelling, threats, name-calling, threats of suicide, obsessive phone calling or text messaging, extreme jealousy, possessiveness, and stalking. School staff shall promptly and reasonably investigate allegations of dating violence and issue appropriate discipline based on their findings. The principal shall ensure that the student victim of dating violence receives appropriate support services. SCC and Other Laws, Policies, Rules, and Contracts The inappropriate behaviors and ranges of possible consequences and interventions listed in this policy are consistent with Indiana Administrative Code, Board Rules and Policies, negotiated agreements, and all other applicable state and federal laws.
GROUP 1 – INAPPROPRIATE BEHAVIORS INAPPROPRIATE BEHAVIOR 1-1 1-2
Running and/or making excessive noise in the halls or building Leaving the classroom without permission
AVAILABLE INTERVENTIONS AND CONSEQUENCES •
Documented Teacher, Student, Parent(s)/Guardian(s), and/or Administrator Conference focused on
1-3 1-4 1-5 1-6 1-7
1-8
Engaging in any behavior that is disruptive to the orderly process of classroom instruction Loitering or occupying an unauthorized place in the school or on school grounds Failing to attend class without a valid excuse Persistent tardiness to school or class(3 or more incidents per semester) Use of the GCSC network for the purpose of accessing non-educational materials, such as games and other inappropriate materials Unauthorized use of possession of cellular telephones or other information technology devices.
• •
expectation violated, cause of behavior, and strategy to prevent recurrence. Recommended instructive, corrective, or restorative response. Detention – lunch, before school, after school, or Saturday
GROUP 2 – DISRUPTIVE BEHAVIOR DISRUPTIVE BEHAVIOR
AVAILABLE INTERVENTIONS AND CONSEQUENCES (Whenever possible, interventions and consequences that do not exclude the student from his/her regular educational schedule should be attempted first.)
2-1 Posting or distributing unauthorized written materials on school grounds 2-2 Leaving the school without permission 2-3 Interfering with school authorities and programs through walkouts or sit-ins 2-4 Initiating or participating in any unacceptable minor physical actions 2-5 Failing to abide by school rules and regulations not otherwise listed in the SCC 2-6 Exhibiting or publishing any profane, obscene, indecent, immoral, libelous, or offensive materials, or using such language or gestures 2-7 Possession (physical control over, such as contained in clothing, lockers, or bags) and/or use of tobacco or nicotine products, matches, or cigarette lighters 2-8 Disregard for the instructions or direction of school personnel causing interruption for other students’ participation in school activities 2-9 Failing to provide proper identification 2-10 Unauthorized use of school parking lots or other areas 2-11 Us of the GCSC network for the purposes of distributing or downloading non-educational materials
•
• • •
Documented Teacher, Student, Parent(s)/Guardian(s), and/or Administrator Conference focused on expectation violated, cause of behavior, and strategy to prevent recurrence. Recommended instructive, corrective, or restorative response Detention – lunch, before school, after school, or Saturday Skill-building in-school suspension up to three days
GROUP 3 – SERIOUSLY DISRUPTIVE BEHAVIOR SERIOUSLY DISRUPTIVE BEHAVIOR
AVAILABLE INTERVENTIONS AND CONSEQUENCES (Whenever possible, interventions and consequences that do not exclude the student from his/her regular educational schedule should be attempted first.)
3-1 3-2 3-3 3-4
3-5 3-6
*3-7 3-8 3-9 3-10
3-11
3-12
Disruptive behavior on the school bus(6) Gambling – participating in games of chance or skill for money or things of value Fighting – physical contact between two people with intent to harm, but no injuries result Profane, obscene, indecent, and immoral or seriously offensive language and gestures, propositions, behavior, or harassment based on race, color, national origin, sex, gender, sexual orientation, age, religion, gender identity, gender expression or disability Second or more documented violation of a Group 1 or 2 behavior category(8) Any behavior not otherwise listed in Groups 1 through 3 of this SCC that seriously disrupts the educational process Forgery-false and fraudulent making or altering of a document or the use of such a document Plagiarizing, cheating and/or copying the work of another students or other source Overt display of gang affiliation(9) Bullying behaviors – conduct directed towards a student that can be reasonable predicted to cause fear of physical or mental harm, harm to property, and/or interfere with student’s ability to participate in school or school activities (see Anti-Bullying Policy for full definition before assigning an intervention or consequences) Use of cellular telephones or other information technology device to harass, incite violence or interrupt other students’ participation in school activities, including use of device to record others without permission or unauthorized distribution of recordings(10) Use of the GCSC network for a seriously disruptive purpose not otherwise listed in this SCC(11)
•
•
• •
Documented Teacher, Student, Parent/Guardian, and Administrator conference focused on expectation violated, cause of behavior, and strategy to prevent recurrence. Recommended instructive, corrective, or restorative response(see Guidelines for Effective Discipline) Detention-lunch, before school, after school, or Saturday Skill-building in-school suspension up for three days
ADDITIONAL CONSEQUENCES AVAIALBLE FOR REPEATED GROUP 3 INAPPROPRIATE BEHAVIOR •
Skill-building in-school suspension, out-ofschool suspension, or combination inschool and out-of-school suspension up to three days.
**Behaviors marked with two asterisk indicate that the misconduct may be a violation of the law (6) In addition to other disciplinary actions, a student who engages in disruptive behavior on the school bus may be subject to suspension from bus services for a period to be determined by the school principal with review, Superintendent, or designee (7) It is not an act of misconduct to defend oneself as provided by the law.
(8) For example, a student’s first time failing to provide proper identification would be recorded as a 2-9 behavior category and available consequences would include skill-building in-school suspension up to three days. A student’s second time failing to provide proper identification would be recorded as a 3-5 behavior category, and available consequences would include skill-building in-school suspension, out-of-school suspension, or combination in-school and out-of school suspension up to three days. (9) A gang is any ongoing organization or group of three or more persons having as one of its primary activities the commission of one or more criminal acts, which as an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity. Gang activity means any act (e.g. recruitment with use of intimidation, tagging or marking, assault, battery, theft, trespassing, or extortion) performed by a gang member or on behalf of a gang and intended to further a common criminal objective. An overt display of gang affiliation means any act (e.g. wearing clothing or paraphernalia, displaying gang signs, symbols and signals) that signifies or exhibits affiliation with a gang. Gang activity and overt displays of gang affiliation can be implied from the character of the acts and the circumstances surrounding the misconduct. Repeated violations of Behavior 3-9 of the SCC may result in a referral for an expulsion hearing and should be submitted as Behavior 5-6. (10) Student may be suspended from GCSC network privileges for improper use of information technology devices for one semester (for first violation) or up to one year (for second or subsequent violation) in addition to any other intervention and consequence listed. (11) Student may be suspended from GCSC network privileges for improper of the GCSC network for one semester (for first violation) or up to one year (for second or subsequent violation). In addition to any other interventions and consequences listed.
GROUP 4 – VERY SERIOUSLY DISRUPTIVE BEHAVIOR VERY SERIOUSLY DISRUPTIVE BEHAVIOR
AVAILABLE INTERVENTIONS AND CONSEQUENCES (Whenever possible, interventions and consequences that do not exclude the student from his/her regular educational schedule should be attempted first.)
**4-1 False activation of a fire alarm that does not cause a school facility to be evacuated or does not cause emergency services to be notified. **4-2 Extortion – obtaining money or information from another by coercion or intimidation **4-3 Assault(13) – an attempt or reasonable threat to inflict injury on someone with a show of force that would cause the victim to expect an immediate battery **4-4 Vandalism (willful or malicious destruction or defacing of the property of others) or criminal damage to property at a cost less than $500. **4-5 Battery(unwanted bodily contact with another person without legal justification) or abiding or abetting in the commission of a battery which does not result in physical injury **4-6 Fighting(14) – physical contact between more than two people with intent to harm, or physical contact between two people with intent to harm that results in a physical injury **4-7 Theft (unauthorized control over the physical
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• • •
•
Documented Teacher, Student/ Parent(s)/Guardian(s), and Administrator conference focused on expectation violated cause of behavior, and strategy to prevent recurrence Recommended instructive corrective, or restorative response Detention – lunch, before school, after school, or Saturday Skill building in-school suspension, out-ofschool suspension, or combination inschool and out-of-school suspension up to three days Request for disciplinary reassignment
property of another) or possession (physical control over, such as contained in clothing, lockers or bags) of stolen property that costs less than $150. **4-8 Possession, use, sale, or distribution of fireworks 4-9 Any behavior not otherwise listed in Groups 1 through 4 of this SCC that very seriously disrupts the educational process **4-10 Trespassing on GCSC property – entering GCSC property when previously prohibited or remaining on school grounds after receiving a request to depart *4-11 Knowingly or intentionally using the GCSC network or information technology devices to spread viruses to the GCSC network(15) 4-12 Possession of any dangerous object as defined by this SCC, first documented behavior (see Reference Guide)(16) 4-13 Use of possession of alcohol in school or at, before, or after a school related function, documented behavior(17) 4-14 Initiating or participating in inappropriate physical contact with school personnel, such as pushing school personnel out of the way in order to physically fight with another student, with no intent to harm school personnel. *Behaviors marked with a single asterisk indicate that the misconduct is a violation of the law. **Behaviors marked with two asterisks indicate that the misconduct may be a violation of the law. (13) An assault may be committed without actually touching, striking or injuring the victim. (14) It is not an act of misconduct to defend oneself as provided by the law. (15) Students may be suspended from GCSC network privileges for improper use of the GCSC network for up to one year, in addition to any other interventions and consequences listed. (16) Second or repeated violations of Behavior 4-13 may result in a request for an expulsion hearing and must be submitted as Behavior 5-11. (17) Second or repeated violations of Behavior 4-14 may result in a request for an expulsion hearing and must be submitted as Behavior 5-18.
GROUP 5 – MOST SERIOUSLY DISRUPTIVE BEHAVIOR MOST SERIOUSLY DISRUPTIVE BEHAVIOR
AVAILABLE INTERVENTIONS AND CONSEQUENCES
*5-1 Aggravated assault – assault(18) with deadly weapon or done by a person who conceals his/her identify, or any assault against school personnel *5-2 Burglary – knowingly and without authority entering or remaining in a building or vehicle with intent to
Skill building in-school suspension, out-of-school suspension, or combination in-school and out-ofschool suspension for three to five days(26) When the suspension is assigned, create a plan for preventing future behavior incidents, restoring
commit a felony or theft therein *5-3 Theft (obtaining or exerting unauthorized control over) or possession (physical control over, including in clothing, lockers, or bags) of stolen property that costs more than $150 **5-4 Use of intimidation, credible threats of violence, coercion, or persistent severe bullying intimidation is behavior that prevents or discourages another student from exercising his/her right to education, or using force against students, school personnel and school visitors. For severe bullying use the Anti-Bullying Policy before assigning an intervention or consequence 5-5 (this code intentionally left blank) * 5-6 Gang activity or overt displays of gang affiliation(19) **5-7 In appropriate sexual conduct, including unwelcomed sexual contact, indecent exposure, transmitting sexually suggestive images through information technology devices, or other sexual activities which do not involve the use of force. *5-8 Engaging in or attempting any illegal behavior which interferes with the school’s educational process *5-9 Persistent or severe acts of sexual harassment – unwelcome sexual or gender-based conduct (either physical or verbal) and/or conduct of a sexual nature which is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from the educational program or which creates a hostile or abusive school environment *5-10 False activation of a fire alarm which causes a school facility to be evacuated or causes emergency services to be notified 5-11 Second or repeated violation of Behavior 4-13, possession of any dangerous object as defined by this SCC *5-12 Battery, or aiding or abetting in the commission of a battery, which results in a physical injury. Battery means unwanted bodily contact with another person without legal justification (20) *5-13 Use of any computer, including social networking websites, or use of any information technology device to threaten, stalk, harass, bully or otherwise intimidate others. Or, hacking (intentionally gaining access by illegal means or with authorization) into the network to access student records or other unauthorized information, or to otherwise circumvent the information security system(21) 5-15 In appropriate consensual sexual activity *5-16 Use or possession of illegal drugs, narcotics, controlled substances, “look-alikes” (22) of such
relationships, and addressing student needs: ADDITIONAL CONSEQUENCES AVAILABLE •
• • •
Recommended instructive, corrective, or restorative response (see Guidelines for Effective Discipline) Request for assignment to an intervention program by principal Request for expulsion hearing For behaviors involving the improper use of the GCSC network or information technology devices, revocation of network privileges for up to two years.
substances, or contraband(23), or use of any other substance for the purpose of intoxication in or before school or a school-related function(24) **5-17 Second or repeated violation of Behavior 4-14, use or possession of alcohol in school or at, before or after a school-related function(25) *5-19 Participating in mob action – a large or disorderly group of students using force to cause injury to a person or properly, or persisting in severe disruption after being directed to cease by school personnel or Police.
*Behaviors marked with a single asterisk indicate that the misconduct is a violation of the law. **Behaviors marked with two asterisks indicate that the misconduct may be a violation of the law. (18) An assault is an attempt or reasonable threat to inflict injury on someone with a show of force that would cause the victim to expect an immediate batter. An assault may be committed without actually touching, striking, or insuring the victim. (19) A gang is an ongoing organization of group of three or more persons having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity. Gang activity means any act (e.g., recruitment with use of intimidation, tagging or marking, assault, battery, theft, trespassing, or extortion) performed by a gang member or on behalf of a gang, and intended to further a common criminal objective. An overt display of gang affiliation means any act (e.g., wearing clothing or paraphernalia, displaying gang signs, symbols, and signals) that signifies or exhibits affiliation with a gang. Gang activity and overt displays of gang affiliation can be implied from the character of the acts and the circumstances surrounding the misconduct. Consider referring students who commit 5-6 behaviors for a gang intervention program of a community-based organization. (20) It is not an act of misconduct to defend oneself as provided by the law (21) A student may be disciplined for circumventing the information security system regardless of the student’s intent. (22) “Look-alike” means any substance which by appearance, representation, or manner of distribution would lead a reasonable person to believe that the substance is an illegal drug or other controlled substance. (23) Contraband means any instrument used to commit a crime or violation, and any other item, when possessing that item violates any applicable law, city ordinance, rule of policy of the Board or any individual school (24) Consider referring students who commit 5-17 offenses to a substance abuse prevention program or counseling. (25) Consider referring students who commit 5-18 offenses to a substance abuse prevention program or counseling (26) Principals have discretion to suspend a student for fewer than three days if the student has a disability/impairment, based on the student’s age/grade level or for other good cause as determined by the principal or designee
GROUP 6 – ILLEGAL AND MOST SERIOUSLY DISRUPTIVE BEHAVIOR
MOST SERIOUSLY DISRUPTIVE BEHAVIOR *6-1 Use, possession, and/or concealment of a firearm(27)/destructive device or other weapon(28) or “look-alikes” of weapons as defined in the Reference Guide, or use or intent to use any other object to inflict bodily harm *6-2 Intentionally causing or attempting to cause all or portion of the GCSC network to become inoperable(29) *6-3 Arson – knowingly damaging by means of fire or explosive, a building and/or the personal property of others *6-4 Bomb threat – false indication that a bomb, or other explosive of any nature, is concealed in a place that would endanger human life if activated *6-5 Robbery – taking personal property in the possession of another by use of force or by threatening the imminent use of force *6-6 Sale, distribution, or intent to sell or distribute alcohol, illegal drugs, narcotics, controlled substances, “look-alikes”(30) of such substances, contraband,(31) or any other substance used for the purpose of intoxication, or repeated violation of Behavior 5-17(32). *6-7 Sex acts which include the use of force *6-8 Aggravated battery (battery that causes great harm, is done with a deadly weapon, is done by a person who conceals his/her identify, or the use of physical force against school personnel) or aiding and abetting in the commission of an aggravated battery *6-9 Murder – killing an individual without legal justification *6-10 Attempted murder – an act that constitutes a substantial step toward intended commission of murder *6-11 Kidnapping – secret confinement of another against his/her will or transportation of another by force or deceit from one place to another with the intent to secretly confine *6-12 Theft (obtaining or exerting unauthorized control over) or possession (physical control over, including in clothing lockers, or bags) of stolen property that costs more than $ 1000.
AVAILABLE INTERVENTIONS AND CONSEQUENCES •
•
Skill-building in-school suspension, out-ofschool suspension, or combination inschool and out-of-school suspension for five days. (33) A student may be suspended for up to ten days with written justification submitted for approval to the Executive Director of Special Education and Student Services. When the suspension is assigned, create a plan for preventing future behavior incidents, restoring relationships, and addressing student needs. For students in sixth through twelfth grades, or for any student violating section 6-1, request for expulsion hearing
ADDITIONAL CONSEQUENCES AVAILABLE •
• •
•
Recommended instructive, corrective, or restorative response (see Guidelines for Effective Discipline) Request for assignment to an intervention program by the Principal For student in fifth grades or below, the principal may request an expulsion hearing at his/her discretion (except for violations of section 6-1) For behaviors involving the improper use of the GCSC network or information technology devices, revocation of network privileges indefinitely
*Behaviors marked with a single asterisk indicate that the misconduct is a violation of the law. (27) The term “firearm/destructive device” as defined in 18 U.S.C Section 921 includes, but is not limited to, handguns, rifles, automatic weapons, bombs, or other incendiary devices and parts thereof. (28) Weapons include any object that is commonly used to inflict bodily harm, and/or an object that is use or intended to be used in a manner that my inflict bodily harm, even though its normal use is not as a weapon.
(29) A network is considered inoperable when it is unable to perform at the level of functionality intended by its maintainers. (30) “Look-alikes” means any substance which by appearance, representation, or manner of distribution would lead a reasonable person to believe that the substance is an illegal drug or other controlled substance. (31) Contraband means any instrument used to commit a crime or violation, and any other item, when possessing that item violates any applicable law, City ordinance, rule or policy of the Board or any individual school. (32) It can be assumed that a student in possession of large quantities of alcohol, illegal drugs, narcotics, or controlled substance, or in possession of multiple individually-packaged amounts of alcohol, illegal drugs, narcotics or controlled substances, intends to sell or deliver these substances. Consider referring students who violate behavior 6-6 for substance abuse prevention program or counseling. (33) Principals have discretion to suspend a student for fewer than five days if the student has a disability/impairment, based on the student’s age/grade level, or for other good cause as determined by the principal or designee
ANTI-‐BULLYING POLICY Purpose A safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with their ability to learn and participate in school activities. Bullying has been linked to other forms of anti-social behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and violence. It is the goal of the GCSC (“Board”) to create a learning environment in all its school communities where students are protected from bullying so they feel safe and supported in their efforts to succeed academically and develop emotionally into responsible, caring individuals. The Board asks every Gary Community School Corporation student, with the support of his/her parent(s), guardian(s) and the adults at school, to commit to the following principles, which will apply to everyone on school property and at school-related activities. • • • •
I will not bully others I will try to help anyone I suspect is being bullied I will work to include students who are left out If someone is being bullied. I will tell an adult at school and an adult at home
Scope Bullying is contrary to Indiana and this GCSC policy’s is consistent with Indiana Administrative Code. This policy protects GCSC students against bullying and harassment on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from military
service, association with a person or group with one of more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic. The Board recognizes the particular vulnerability of students with actual or perceived disabilities and those who identify as or are perceived to be lesbian, gay, bisexual or transgender. Nothing in this policy is intended to infringe upon any expression protected by the First Amendment to the United States Constitution.
Bullying is prohibited 1. During any school-sponsored or school-sanctioned program or activity; 2. In school, on school property, on school buses or other Board-provided transportation, and at designated locations for students to wait for buses and other Board-provided transportation (“bus stops”); 3. Through the transmission of information from a GCSC computer or computer network, or other electronic school equipment; 4. When communicated through any electronic technology or personal electronic device while on school property, on school buses or other Board-provided transportation, at bus stops, and at school-sponsored or school-sanctioned events or activities; 5. When it is conveyed that a threat will be carried out in a school setting, including threats made outside school hours with intent to carry them out during any school-related or sponsored program or activity or on Board-provided transportation; 6. Anything that occurs off campus that seriously disrupts any student’s education.
Definitions “Bullying” means any severe pervasive (repeated over time) physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students, that has or can be reasonably predicted to have one or more of the following effects: 1. 2. 3. 4.
Placing the student in reasonable fear of harm to the student’s person or property; Causing a substantially detrimental effect on the student’s physical or mental health; Substantially interfering with the student’s academic performance; or Substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
Bullying may take various forms, including without limitations, one or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation or asserting or alleging an act of bullying. This list is meant to be illustrative and non-exhaustive. Bullying behaviors may also qualify as other inappropriate behaviors listed in the SCC. When deciding whether inappropriate behavior constitutes bullying, administrators should consider the student’s intent, the frequency or recurrence of the inappropriate behavior, and whether there are power imbalances between the students involved.
While bullying is often characterized by repeated acts, sometimes a single incident constitutes bullying depending on the student’s intent and power imbalances. “Cyberbullying” means using information and communication technologies to bully. This definition does not include cyberbullying by means of technology that is not owned, leased, or used by the school district, unless an administrator or teacher receives a report that bullying through this means has occurred. This policy does not require a district or school to staff or monitor any non-school-related activity, function, or program. “Retaliation” means any form of intimidation, reprisal or harassment directed against a student who reports bullying, provides information during an investigation, or witnesses or has reliable information about bullying. “Peer Conflict” means disagreement and oppositional interactions that are situational, immediate and developmentally appropriate. When school employees are aware of peer conflict, they are expected to guide students in developing new s kills in social competency, learning personal boundaries and peaceable resolving conflict, and to model appropriate social interactions. These interventions are designed to prevent Peer Conflict from escalating to Bullying.
Intervening to Address Bullying Responsibilities of GCSC Employees and Contractors All GCSC employees and contractors, including security officer, lunchroom staff, and bus drivers, who witness incidents of bullying or school violence or who possess reliable information that would lead a reasonable person to suspect that a person is a target of bullying, must: 1. Intervene immediately in a manner that is appropriate to the context and ensures the safety of all people involved;
2. Report the incident of bullying or retaliation to the Principal/Designee as soon as practicable, but with 24 hours.
3. Cooperate fully in any investigation of the incident and in implementing any safety plan established by the Principal/Designee.
Responsibilities of Students, Parents and Guardians No students who witnesses bullying may stand by or participate in the bullying, but must notify an adult at school and an adult at home as quickly as practicable. Any parent or guardian who witnesses or is notified of bullying has an obligation to advise the Principal/Designee as quickly as practicable. Reports can be made to any GCSC employee or contractor in person. Anonymous reports will be accepted by the Principal/Designee. No disciplinary action will be taken on the sole basis of an anonymous report.
Investigation 1. The Principal shall select a designee, knowledgeable about bullying prevention and intervention, to perform the investigation. 2. Investigation of a bullying incident shall be initiated within five school days of receipt of a report and completed within 10 school days, unless the Principal grants in writing an additional 5-day extension due to extenuating circumstances. The Principal/Designee shall document the extension in the investigation report and shall notify the parties involved. 3. The investigation shall include: a. Identifying the perpetrator(s), target(s) and bystander(s), as well as any adult who witnessed the incidents or may have reliable information about it. b. Conducting an individual interview in a private setting with the alleged. perpetrator and target. The alleged perpetrator and target should never be interviewed together or in public. Individual interviews shall also be conducted in private with student and adult bystanders. c. Determining how often the conduct occurred, any past incidents or continuing pattern of behavior, and whether the target’s education was affected. d. Assessing the individual and school-wide effects of the incident relating to safety, and assigning school staff to create and implement a safety plan that will restore a sense of safety for the target and other students who have been impacted. e. When appropriate, preparing a Misconduct Report identifying his/her recommendation for individual consequences. f. Comprehensively documenting the details of the investigation.
4. When the investigation is complete, the Principal/Designee shall ensure the investigation report is attached.
Notification On the same day the investigation is initiated, the Principal/Designee shall report to the parent(s)/legal guardian(s) of all involved students, via telephone, personal conference and/or in writing, the occurrence of any alleged incident of bullying, and shall document these notifications in Student Management System. When the investigation is complete, the Principal/Designee shall notify the parents/legal guardian(s) of all students involved of the outcome of the investigation. Parent(s)/legal guardian(s) of the students who are parties to the investigation may request a personal conference with the Principal/Designee to discuss the investigation, the findings of the investigation, the actions taken to address the reported incident of bullying, and any resources available in or outside the school to help the students address the underlying reasons for the bullying.
If the investigation results in the imposition of consequences, the Principal/Designee may advise the parent(s)/legal guardian(s) of students other than the perpetrator that the Student Code of Conduct was followed. She/he may not advise them of the specific consequences imposed, as that would violate the confidentiality of school-record information required by law. When communicating incidents of bullying to the target’s parent/guardian, the Principal/Designee should consider whether the student may want to keep certain information confidential. For example, if a student is bullied after coming out as gay, the Principal/Designee shall not disclose the student’s sexual orientation to the parent(s)/guardian(s) without the student’s permission, unless there is a legitimate, school-related reason for doing so. If the target is a student with a disability, the school shall convene the IEP Team to determine whether additional or different special education or related services are needed to address the student’s individual needs and revise the IEP accordingly. For example, if the student’s disability affects social skill development or makes the student vulnerable to bullying, the Principal/Designee shall ask the student’s IEP Team to consider whether the IEP should include provisions to develop the student’s skills and proficiencies to avoid and respond to bullying. If the student who engaged in bullying behavior is a student with a disability, the school shall convene the IEP Team to determine if additional supports and services are needed to address the inappropriate behavior and consider examining the environment in which the bullying occurred to determine if changes to the environment are warranted. For example, the IEP Team should consider a behavior intervention plan for the student or review a current behavior intervention plan and revise if necessary. The Principal/Designee shall comply with the Procedural Safeguards for Discipline of Students with Disabilities/Impairments when considering interventions and consequences for students with disabilities.
Assigning Interventions and/or Consequences Many Peer Conflicts can be resolved immediately and do not require reporting or creation of a Misconduct or Incident Report. If however, a conflict is ongoing and meets the definition of bullying, the investigation procedures in this policy must be followed. Schools must respond to bullying in a manner tailored to the individual incident, considering the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors and performance. Appropriate responses and consequences are outlined in the Student Code of Conduct. Schools should avoid using
punitive discipline (detention, suspensions, and expulsions) if any other method of consequence can be used with fidelity. When an investigation determines that bullying occurred, the Principal/Designee shall explain the consequences in a non-hostile manner, and shall impose any consequence immediately and consistently. The Principal/Designee shall keep communicating and working with all parties involved until the situation is resolved. Some key indicators of resolution include: • • • •
The perpetrator is no longer bullying and is interacting civilly with the target. The target reports feeling safe and is interacting civilly with the perpetrator. School staff notice an increase in positive behavior and social-emotional competency in the perpetrator and/or the target. School staff notice a more positive climate in the areas where bullying incidents were high.
What Not To Do: §
§
Solicit an apology from the perpetrator to the target. Use peace circles victim/offender conferences, or any form of mediation that puts the perpetrator and target in contact with one another in an immediate attempt to resolve the bullying. Restorative approaches may be helpful but only if used after other interventions have balanced the power differential between the perpetrator(s) and target. Dismiss bullying as typical student behavior or assume it is not serious.
Referrals
Interventions with bullies should not focus on feelings, but changing thinking. The Principal/Designee shall refer students who bully to positive-behavior small-group interventions (for anger management, trauma or social skills), social work, counseling or school psychological services within the school, if possible, to reinforce the behavioral expectation they violated and increase their social-emotional competency. The targets of bullying need protection from bullies, but may also need support and help in changing their own behavior. The Principal/Designee shall ask a school mental health professional to refer these students to individual or group therapy where they can openly express their feelings about their bullying experience, social-skills training and/or groups where they can practice assertiveness and coping mechanisms, or social work, counseling or school psychological services available within the school. Appeal Any party who not satisfied with the outcome of the investigation may appeal to the Executive Director of Special Education and Student Services within 15 calendar days of notification of the Principal’s decision. The Executive Director shall render a final determination. The Executive Director may return the incident to the Principal or their
designee for further investigation or reconsideration of the consequence(s), direct the imposition of other consequence(s), or deny the appeal. The Executive Director shall notify the party requesting the appeal and the Principal that its decision is final and shall document that notification. Consequences for GCSC Employees and Contractors When it is determined that an employee or contractor was aware that bullying was taking place but failed to report it, the employee/contractor will be charged to have violated this policy. The Principal discipline for such violations, making reference to any applicable collective bargaining agreement. Remedies for offending contractors should be imposed according to their Board contracts. Notice and Dissemination of Requirements Principals shall this post Anti-Bullying Policy on the school’s website, in the school building as well as disseminating and presenting this policy to school staff as part of pre-school-year professional development.
Training and Professional Development Staff Professional development will be offered to build the skills of all GCSC employees’ contractors and volunteers to implement this policy. The content of such professional development shall include, but not be limited to: 1. Developmentally appropriate strategies to prevent incidents of bullying and to intervene immediately and effectively to stop them; 2. Information about the complex interaction and power differential that can take place between and among a perpetrator, target, and witness to the bullying; 3. Research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk, and any specific interventions that may be particularly effective for addressing bias-based bullying; and 4. Information about Internet safety issues as they relate to cyberbullying.
Student Internet Safety Education In accordance with the Board’s Internet Safety Policy #541 each school shall incorporate into the school curriculum a component on Internet safety to be taught at least once each school year to all students. The Superintendent shall determine the scope and duration of this unit of instruction and topics covered. At a minimum, the unit of instruction shall address: (a) safety on the Internet; (b) appropriate behavior while online, on social networking Web sites, and in chat rooms; and (c) cyberbullying awareness and response. The age-appropriate unit of instruction may be incorporated into the current courses of study regularly taught. Schools shall satisfy the documentation requirements. _______________________________________________________________________ ATTACHMENT A
GARY COMMUNITY SCHOOL CORPORATION FORM FOR REPORTING BULLYING AND RETALIATION NOTE: The reporter may remain anonymous, but no discipline will be imposed based solely upon an anonymous report. Please submit this report to the principal or any school staff member.
Victim or Target Information School: _______________________
Date: ________________________
Name(s) and grade(s) of Victim/Target _____________________________________________________________________________ _____________________________________________________________________________ Reporting Information (*Optional for students/parents/guardians”) Name & Title of Person Reporting: ________________________________________________ Relationship to Victim/Target: ____________________________________________________ Phone no: ___________________
Email Address: __________________________________
Incident Information Name(s) of accused bully(ies) OR description (if name(s) unknown):_____________________ ____________________________________________________________________________ Location of Incident: ___________________________________________________________ Date and time of incident: _______________________________________________________ Approximate dates, times, and frequency of prior incident(s):___________________________ Describe what happened and who was present in as much detail as possible (*Required information):________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Date of submission: ________________________
ADDITIONAL RESOURCES
PROCEDURAL SAFEGUARDS FOR DISCIPLINE OF STUDENTS WITH DISABILITIES/IMPAIRMENTS (34) School officials may suspend students with disabilities/impairments and cease educational educational services for a total of up to 10 consecutive or 10 cumulative school days in one school year without providing procedural safeguards. Saturday, and before- and after-school detentions do not count toward the 10-day limit. Additionally, if students with disabilities continue to participate in the general education curriculum, continue to receive their IEP services, and continue to participate with non-disabled peers to the same extent as specified in the IEPs’. Administrators are not required to suspend students with disabilities for the recommended periods set forth in this Code for a single incident. Specifically, the Principal or his/her designee has discretion to suspend students with disabilities fewer days than set forth for a single incident. Federal regulations offer some flexibility in suspending students with disabilities in excess of 10 school days in the school year in certain circumstances. In order to determine whether the circumstances permit a suspension in excess of 10 days per school year, consultation by the school with the Office of Special Education and Student Services. Without such consultation and approval from the Department of Procedural Safeguards and Parental Supports, the 10 school day limit on out of school suspensions will continue to apply. When school officials anticipate a referral for expulsion, including referrals requesting emergency assignment pursuant to the GCSC, SCC the following apply; 1. School must provide written notice to the parent(s)/guardian(s) or surrogate parent(s) of the request for an expulsion hearing and the date of an Individualized Education Program (IEP) Manifestation Determination Review (MDR) meeting, which must be held within 10 school days of the date of the decision to request the expulsion hearing. School must also provide parent(s)/guardian(s)/surrogate(s) with a written copy of the Notice of Procedural Safeguards.
2. The IEP Team must: A. Determine whether the misconduct is related to the student’s disability by reviewing all current and relevant information, including evaluation and diagnostic results, information from the parent(s)/guardian(s), observations of the students, and the student’ IEP. The behavior is a manifestation of the student’s disability if: 1.
The conduct in question was caused by the student’ s disability or haws a direct and substantial relationship to the student’s disability; and/ or
2.
The conduct in question was the direct result of the school’s failure to implement the student’s IEP.
B. Review, and revise if necessary, the student’s existing behavior intervention plan or develop a functional behavior assessment and behavior intervention plan (FBA/BIP) to address the
misconduct. The behavior intervention plan must address the misconduct for which the student is being disciplined.
If the student’s behavior is not a manifestation of the disability, school officials may apply the SCC, taking into consideration the student’s special education and disciplinary records. In no event, however, may the student be suspended for more than 10 consecutive or cumulative school days in a school year without providing appropriate educational services. If the student’s behavior is a manifestation of the disability, a disciplinary change in placement (expulsion) cannot occur. Students with disabilities, even if expelled must be provided with an appropriate education in an alternative educational setting. All MDRs are subject to legal review by the Executive Director of Special Education and Student Services. (34) All procedural safeguards contained in the SCC and this Appendix are equally applicable to those students with 504 plans.
REFERENCE GUIDE FOR GROUPS 4, 5, AND 6 BEHAVIORS INVOLVING DANGEROUS OBJECTS, WEAPONS OR LOOK-‐ALIKE WEAPONS SECTIONS 4-13- AND 5-11 If a student simply has any of these objects in his or her possession, but does not use them, (s)he should be recorded to have violated Section 4-13 of the SCC for a first-time violation or 5-11 of the SCC for a second or repeated violation. If a student uses, or intends to use, any of these objects to inflict harm on someone, the student should be recorded to have violated Section 6-1. Knives, including but not limited to: § Steak knife or other kitchen knives § Pen knives/Pocket knives § Hunting knives § Swiss Army knife § Box cutters § Razors
Tools, including but not limited to:
§ § § § §
Hammers Screwdrivers Saws Crowbars/Metal pipes Other objects commonly used for construction or household repair
Other Objects, including but not limited to: § Mace/Pepper spray § Live ammunition/Live bullets § Broken bottles or other pieces of glass § Wooden sticks/boards SECTION 6-1 If a students has any of these objects in his or her possession or uses any of these objects, (s) he should be recorded to have violated Section 6-1 of the SCC. Firearms – these include: § Pistol § Revolver § Other firearms § Any part or portion of a machine gun or rifle Knives – these include only the following types of knives: § Switchblade knives (open automatically by hand pressure applied to a button, spring or other device in the handle of the knife) § Ballistic knives (operated by a coil spring, elastic materials, or an air or gas pump) Explosive Device/Gases – these include: § Tear gas guns § Projector bombs § Noxious liquid gas § Grenades § Other explosive substances Other objects – these include: § Blackjack Throwing stars § Slingshot Tasers/stun guns § Sand club § Sandbag § Metal/brass knuckles “Look-Alike” Firearms – these include
§ § §
B.B. guns Air guns Other objects, including “toys” or replicas that reasonably resemble real firearms
6-1 SPECIAL CONSIDERATION If a student simply has any of these objects, or any other similar object in his/her possession, he should not be recorded to have violated of the SCC. If a student uses, or intends to use, any of these objects to inflict bodily harm on someone, the student should be recorded to have violated Section 6-1. Sporting Equipment – these include but are not limited to: § Baseball bats § Golf clubs Personal Grooming Products – these include but are not limited to: § Nail clipper/files § Combs with sharp handles § Tweezers School Supplies – these include but are not limited to: § Scissors § Laser pointers § Pens/Pencils § Rulers § Padlocks/Combination locks § Other objects commonly used for educational purposes
EXPLUSION HEARING AND EMERGENCY ASSIGNMENT GUIDELINES Request for Expulsion Hearing •
Expulsion is the removal of a student from school for 11 or more consecutive days, up to a maximum of one calendar year (35).
•
If a student’s inappropriate behavior falls within Group 5 of the SCC, a school principal may request an expulsion hearing for the student. A school principal may also request assignment to an intervention program.
•
If a student’s inappropriate behavior falls within Group 6 of the SCC, a school principal must request an expulsion hearing for a students in 6th through 12th grade or for any student violating section 6-1; a school principal may request an expulsion hearing for a student in 5th grade or below committing any other Group 6 behavior.
•
The Superintendent designee will review the expulsion hearing request and determine whether to refer the student to for expulsion. Assign the student to an intervention program, or refer the student back to the school for intervention/support.
Emergency Assignment to Interim Alternative Education Setting •
Students who commit Groups 5 or 6 misconducts may be assigned to in interim alternative education setting on an emergency basis (“emergency assignment”) while a request for an expulsion hearing is pending without being given the opportunity for a hearing before an independent hearing officer.
•
Requests for emergency assignment must be approved, facilitated, and implemented by the Executive Director of Special Education and Student Services designee. The Executive Director of Special Education and Student Services designee may request additional information when considering requests for emergency assignment.
•
General education students may be placed in an interim alternative education setting if their presence at the home school poses a continuing danger to people or property, or an ongoing threat of disruption to the academic process. The student will be assigned to the Alternative Program until the expulsion final determination is issued.
•
Students with disabilities may be placed in an interim alternative educational setting for a maximum of 45 school days, even in instances where the student’s misconduct is ultimately determined to be a manifestation of his or her disability. Students with disabilities may be referred for emergency assignment when in possession of weapons or drugs, or for inflicting serious bodily injury or another person while on school groups or at a school-sponsored event. The parent(s) or legal guardian(s) may request a due process hearing to challenge the emergency assignment.
Expulsion Hearing Procedures •
The Discipline Hearing Officer will schedule expulsion hearings and the Principal or designee will send parent(s)/guardian(s) a notice letter. The notice will provide a description of the incident, the date of the incident, the SCC inappropriate behavior code(s), and the place, time and date for the expulsion hearing (after checking for time and date with hearing officer). The notice will be sent by registered or certified mail, or by personal delivery.
•
Before the hearing, school principals are responsible for assisting the hearing officer with case preparation by identifying witnesses and relevant documents, and reviewing all documentation regarding the incident to ensure it is complete, accurate, and properly written.
•
The hearing will be conducted before an independent hearing officer. The hearing officer representatives will call witnesses to testify and introduce documents regarding the incident. The student may also call witnesses to testify and introduce documents regarding the incident.
Expulsion Final Determination •
After the hearing, the hearing officer will make a recommendation for intervention or discipline, up to expulsion for a set term of one calendar year.
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The hearing officer’s recommendation may be notified on a case-by-case basis by the Superintendent.
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The hearing officer may recommended that the students attend an intervention program in lieu of expulsion. A recommendation to intervention is subject to approval by the Superintendent. A student who is recommended for participation in the intervention program in lieu of expulsion but who fails to successfully complete the program shall be expelled.
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During a term of expulsion, students may not participate in extracurricular activities or school-sponsored events, with the exception of activities or events sponsored by the student’s alternative program.
Transition when Expulsion Complete When a term of expulsion is completed, the student will be transferred to his/her home school For students attending the Alternative Program, a transition meeting, including the student, parent(s)/guardian(s), alternative school staff members, and home school staff members, will be scheduled to discuss the student’s transition back into the home/school environment. (35) This definition does not apply to exclusion of a student from school for failure to comply with immunization requirements or temporary emergency placement.
NOTICE TO PARENTS AND STUDENTS REGARDING BOARD POLICIES Discrimination, Sexual Harassment, Retaliation Statement Any student, or a parent(s)/guardian(s) on the student’s behalf, who believes they have been subjected to discrimination, sexual harassment or retaliation based upon race, color, national origin, sex, gender identify/expression, sexual orientation, religion or disability, should notify the Principal, Assistant Principal. If after making a report, a student, parent(s) or guardian(s) is not satisfied with the action taken or decision made by the Principal or Assistant Principal, they may appeal to the Superintendent. Pregnant Students Statement Any pregnant student, or a parent(s)/guardian(s) of a pregnant students, who believes she has been subjected to discrimination or harassment bas on her pregnant status or parental status should notify the Principal or Assistant Principal. Such complaint include being excluded from any parent of a school’s educational program, including extracurricular activities.
Student Records Under the Federal Family Educational Rights and Privacy Act (“FERPA”), students and their parents have certain rights with respect to the student’s educational records. These rights transfer solely to the student who has reached the age of 18, graduated from secondary school, married or entered into military service, whichever comes first. Notice of Student Record Retention and Disposal The law requires the Gary Community School Corporation Board to maintain educational records, which includes both “permanent records” and “temporary records.” A student’s permanent record contains the student’s name, place, and date of birth, address, transcript, parent(s), name(s), and address(es), attendance records, and other information mandated by Indiana State Board of Education. The student temporary records include all school-related student information not contained in the permanent record. Student records may include both paper and electronic records.
Right to Review and Challenge Student Records Parents and students, whether emancipated or not, have the right to inspect and copy all of the student’s educational records maintained by the school or the Board unless the parent is prohibited by an order of protection from obtaining those records within 45 days after the day the school receives a request for access. Parents of eligible students should submit to the school principal a written request that identified the records they wish to inspect. The school officially will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. When a student is transferring to a school outside the GCSC district, parents have the right to inspect and copy and to challenge their children’s temporary and permanent student records prior to the time records are transferred to the out-of-district school. Schools may not charge to search for or retrieve information, though schools may charge a reasonable fee to copy records. No parent or student shall be denied a copy of the student records due to their inability to pay. Parents have the right to request that a school corrects recorded information (with the exception of academic grades) that they believe is inaccurate, misleading, or otherwise in violation of the students who wish to ask the school to amend a record should write the school principal, clearly identify the part of the record they wanted changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a formal hearing by submitting a written request to the Board. After the hearing, if the Board decides not to amend the record, the parent has the right to place statement with the records commenting on the contested information in the record.
Release of Student Records
Parents and eligible students have the right to provide written consent before the school discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. Generally, schools may not release student records information without written permission from the parent. However, the law allow the disclosure of records, without consent, to select parties, including: §
School district employees or officials (1) who have legitimate educational interest(2) in the student;
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Officials, upon request, of another school district or institutions of post-secondary education in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer;
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Certain government officials as required by State or Federal law.
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Persons conducting studies, pursuant to a written agreement with the Board;
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Individuals who have obtained a court order regarding the records, provided the parents are notified;
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Persons who need the information in light of a health or safety emergency; and
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State and local authorities in the juvenile justice system.
A school may also disclose, without consent, certain “Directory Information” such as a student’s name, address, telephone number, date and place of birth, and awards and dates of attendance, provided that prior to the release of the Directory Information the parents are given the opportunity to opt out of the release of this information, in which case the information will not be released. (1) A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. School officials can include contractors, consultants, volunteers or other parties under the Board’s direct control with who the Board has agreed to outsource certain institutional services or functions, and who have a legitimate educational interest in the specific education record disclosed. The Board’s agreement with these contractors, consultants, volunteers or other parties will specifically outline the legitimate educational interest and which educational records are disclosed (2) A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Release of Records to Recruiters
The No Child Left Behind Act (“NCLB”) school districts to provide the names, addresses, and telephone numbers of all 11th and 12th grades students to military recruiters or institutions of higher learnings up their request. This information is made available to recruiters only through the Parents and students, regardless of whether the student is emancipated or not, may request that their contact information not be disclosed as described below. If a parent(s) or student(s) does not wish to have the student’s contact information released to military recruiters or institutions of higher education, they must submit a written request to the Principal. The request to opt out must include the student’s name, ID number and school. Parents and students must submit their opt-out request to the Principal by December 1st. If they wish to opt out of releasing student records to recruiters. Filing of Complaints Parents have the right to file a complaint with the U.S. Department of Education if they believe the school district has failed to comply with the requirements of FERPA by contacting the Family Policy Compliance Office, U.S. Department of Education 400 Maryland Avenue, SW., Washington, D.C. 202002-5901. Student Interventions The District maintains a policy on the use of Seclusion and Restraint momentary physical interventions to maintain the safety of students and staff and to remove disruptive student from the classroom as well as policy on the use of Physical Restraints and isolated Time-Outs with Students with Disabilities. Notice of Search and Seizure Policy Any Person who enters onto the property of the Board of Education of the City of Gary may be subject to a search in accordance with the Board’s Search and Seizure Policy (#322). Student Research Survey The District maintains a Research Student and Data Policy to address how individuals may conduct student research activities including survey in the GCSC (#219). This policy has been established to comply with the requirements of the Federal Pupil Protection Rights Act (“PPRA”). Parents or guardians who believe their rights under the PPRA may have been violated may file a complaint with; Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202.
Administration of Medications Policy
The District maintains a policy on the requirements for the administration of medication to a student during school hours (#33). A written request must be made by a licensed physician and submitted on the GCSC request form. The parent(s)/guardian(s) must submit a signed Parent’s Authorization to Release Medical Information Form. Medication will not be administered unless these forms are properly completed and received. This policy addresses administration of both prescription drugs and nonprescription (over the counter) drugs. Students shall not bring medication to school without authorization. Title IX Title IX of the Educational Amendments of 1972 banned discrimination on the basis of sex in schools and governs the overall equity of treatment and opportunity in athletics programs in schools. Gary Community School Corporation (GCSC) is committed to providing participation opportunities for female and male students at GCSC schools that effectively accommodate the athletic interests and abilities of both sexes consistent with the requirements of Title IX, its implementing regulations and applicable United States Department of Education Office of Civil rights policies. In order to accommodate the interests and abilities of female students, any student or other interest party, such a coach or parent, may contact the GCSC Athletic Director to inquire about adding a new sport or a new level (e.g. varsity, junior varsity, sophomore, freshman) to an existing sport at any GCSC school.